[ SARASOTA ]

Man Jailed for Stealing After Charging Cellphone at a Public Park

Published: Wednesday, November 14, 2012 at 12:56 a.m.

Last Modified: Wednesday, November 14, 2012 at 12:56 a.m.

A homeless man spent the night in a southwest Florida jail after a police officer accused him of stealing by charging his cellphone at a public park.

An arrest report said that a Sarasota police sergeant spotted 28-year-old Darren Kersey charging his phone Sunday evening in a public picnic shelter at Gillespie Park. The sergeant told Kersey that the "theft of city utilities will not be tolerated during this bad economy" and then arrested him on a misdemeanor charge of theft of utilities.

Unable to pay the $500 bail, Kersey spent the night in jail. But the Sarasota Herald-Tribune reported that Kersey was released Monday morning after a judge threw the case out, saying the sergeant lacked the legal justification to make the arrest.

<p>A homeless man spent the night in a southwest Florida jail after a police officer accused him of stealing by charging his cellphone at a public park.</p><p>An arrest report said that a Sarasota police sergeant spotted 28-year-old Darren Kersey charging his phone Sunday evening in a public picnic shelter at Gillespie Park. The sergeant told Kersey that the "theft of city utilities will not be tolerated during this bad economy" and then arrested him on a misdemeanor charge of theft of utilities.</p><p>Unable to pay the $500 bail, Kersey spent the night in jail. But the Sarasota Herald-Tribune reported that Kersey was released Monday morning after a judge threw the case out, saying the sergeant lacked the legal justification to make the arrest.</p>